What is plaint?

A Plaint is a legal documernt that contains the content of any civil suit
which shows the Plaintiff's claim after filing suit.

The plaint is the first step of the Plaintiff in the form of a legal
document for the commencement of suit and it shows what a Plaintiff
wants from that suit.

In the case of plaint, the cause of action consists of two divisions, first is
the legal theory (the factual situation based on which the plaintiff
claims to have suffered) and second is the legal remedy that the
plaintiff seeks from the court.

Aplaint is considered an important concept because it is the foremost

and initial stage to initiate any lawsuit and helps to find a civil court of
appropriate jurisdiction.

Particulars of the Plaint

Aplaint is a legal document that contains a lot of necessary contents in
the absence of which, it cannot be considered as a plaint. These are
mentioned below:

. the name of the Court in which the suit is brought;

the name, description and place of residence of the plaintiff;
the name, description and place of residence of the defendant;
. where the plaintiff or the defendant is a minor or a person of
unsound mind, a statement to that effect;
cause of action;
" jurisdiction of the court;
" relief claimed;
set-off orrelinquished claimed;
" value of the subject matter of the suit.

Rejection of the plaint

The Plaint shall be rejected in certain situations when requirements are
not fulfilled. Some of the situations in which the plaint is rejected are as
follows:

The plaint is rejected in a case where the cause of action is not disclosed. If
the cause of action is not disclosed then it is not possible to prove the
damage caused to the plaintiff. To seek relief against the defendant, the
facts need to be mentioned clearly. In the case of SNP Shipping Service
Pvt. Ltd.v. World Tanker Carrier Corporation (, the plaint was rejected
and the suit dismissed under Order 7, Rule 11(a) of the C.P.C.,1908.

The plaint is also rejected in a case where the plaintiff relief is

undervalued and the plaintiff is requested by the court to correct the
valuation within the given time frame but the plaintiff fails to do so.
 The plaint is also rejected in a case where the plaintiff relief is undervalued and the
plaintiff is requested by the court to correct the valuation within the given time
frame but the plaintiff fails to do so.

The plaint is rejected in a case where all the documents are not properly stamped
and the plaintiff on being required by the court to supply the required stamp paper
within a time to be fixed by court fails to do so.

The plaint is mostly rejected due to the statemernt mentioned in the plaint secured
by any law or statute that doesn't give any right to the plaintiff to file the suit.

When a duplicate copy of the plaint is not submitted whereas it is mentioned that it
is mandatory to submit the duplicate copy then in that condition plaint is liable to
be dismissed.

The plaint is rejected when the plaintiff fails to comply with the provisions of Rule 9
of Order VII of C.P.C.

Landmark Cases on Rejectionof Plaint

Kalepur Pala Subrahmanyamv Tiguti Venkata (1970): In this case, it was said
that a plaint cannot be rejected in part and retained part under this rule. It must
be rejected as a whole and not with the rejection of one part and acceptance of
another. This judgment is considered as a landmark judgment on the rejection
of the plaint.

Sopan Sukhdeo Sable v. Asstt. Charity Commr. (2004): In this case, it was held
that where the suit was at the stage of recording of evidence and an application
under Order 7 Rule 11 of the code was filed to delay the proceedings of the suit,
the application under Order 7 rule 11 of the code was rejected.
Salim & Others v. Shamalji (2021): Justice Hemanta Gupta and V.
Ramasubhramaniam): Plaint cannot be rejected where there is a mixed
question of law and fact.

K. ROJA vs. U.S. RAYU (2016): Court, in this case, held that any application for
the rejection of the plaint under Order 7 Rule 11 of the Code of civilprocedure
can be filed at any time and the court has to dispose of the same before
proceeding with the trial.

Rajendra Bajoria v. Hemant Kumar Jalan (2021): Justice Nageshwara Rao and
Justice Gavai held that Plaint must be rejected if the relief claimed cannot be
granted under law.
 Return of Plaint

Order VII Rules 10, 10A, and 10B of the Civil

Procedure Code,deals with the return of plaint. The
CPC empowers the civil courts to return the plaint to
the plaintiff if the court believes that the plaint is not
properly filed or any suit presented before it has no
jurisdiction to try it.

Grounds for Return of Plaint:

The court shall return a plaint on the following

grounds:
Court has no jurisdiction, or
There is a valid objection to jurisdiction
The court can lack jurisdiction on three occasions
mentioned below;
Territorial Jurisdiction
Pecuniary Jurisdiction
Subject nmatter Jurisdiction

For example, a plaint is filed in the city civil court by

Aagainst his employer for unlawful retrenchment
from a job. Since there are specific labour courts to
deal with these cases, the city civil court does not
have the jurisdiction to adjudge and hence, plaint
can be returned by the court. Under this rule, the
court can return the plaint for lack of jurisdiction but
the plaintiff has every right to file the plaint again in
the appropriate forum.
In Kalluv. Phudan, AIR 1946 All 488 case, the
Court held that where a suit filed in a revenue court is not
triable by that court, the court should not dismiss the
suit, but return the plaint to be presented to, the proper
court.
In Hanamanthappa v. Chandrashekhrappa,
(1997)9 SCC 688 case,the Court held that on the
return of plaint, the suit should be instituted when plaint
is presented in the proper court. It willnot be regarded as
a continuation of the old suit. It will be treated as a fresh
plaint subject to limitation, pecuniary jurisdiction and
payment of court-fees.

Procedure for Returning the Plaint:

Case 1: Where the court in the initial hearings identify that it
does not have the jurisdiction to try the case and it feels that
the plaint needs to be returned
In this case, the Order VII Rule 10(2) mandates the court to
endorse the following particulars on the plaint:
Date on which the plaint was initially presented by the
plaintiff.
Date on which the plaint is being returned by the court. The
returning date is not the one where the court formed the
opinion but when the court actually returned the plaint.
Cause title, i.e., the details of the party which presented the
plaint.
Reasons that compelled the court to return the plaint

Case2: where the defendant has appeared and after

which the court believes that plaint needs to be returned
for lack of jurisdiction.
Order VII Rule 10A applies to the situation where the
plaint is returned after the defendant(s) has/have
appeared before the court. The following list summarises
thà procedure that needs to be followed while returning
the plaint:
The court must intimate the plaintiff through registered
post or any authorized manner that the plaint is tobe
returned for lack ofjurisdiction.
The plaintiff needs to appear before the court either
personally or through his counsel
Case2: where the defendant has appeared and after
which the court believes that plaint needs to be returned
for lack of jurisdiction.
Order VII Rule 10A applies to the situation where the
plaint is returned after the defendant(s) has/have
appeared before the court. The following list summarises
the procedure that needs to be followed while returning
the plaint:
The court must intimate the plaintiff through registered
post or any authorized manner that the plaint is to be
returned for lack of jurisdiction.
The plaintiff needs to appear before the court either
personally or through his counsel

The plaintiff is required to be informed by the court as to

where the plaintif proposes to file the new plaint after it
is returned by this court.
The court may fix the date of appearance of plaintiff and
defendant before the competent court where the new
plaint is to be filed.
The court may, at the request of the plaintiff, serve
notices to the defendant requiring them to appear before
the competent Court and intimating them of the return of
plaint.
This notice shall serve as summon and no neW summon
will be required to be issued by the court where the
returned plaint is filed

Appeal Against Return of Plaint:

A Plaintiff can file an appeal from the order under

Rule 10 of Order 7. Such appeal is maintainable
under Order 43 Rule 1(a). But where the plaint was
returned on an application made by the plaintiff
under Order 7 Rule10A (2) such appeal is not
maintainable.